By Legal Bureau
A nominee member is nominated by member of the society to be recognised by the society after his death. Nominee members are not to be treated as legal heirs. They are just an trustee of the member nominating them. Ofter people confused between Nominee, Associate member , Co- Member and main member.
A nominal member is normal member of the society. He has all Rights vested in Co-operative Society Act. As a member he can contest election in society, vote and demand inspection of books and accounts. An Associate member cannot fight election or vote if main member is present in the meeting. Associate member is a proxy member. While difference between Nominal member and Nominee member is later is not a member but nominated by main member.
Since a nominee member is not a member, he / she cannot be elected, selected, co-opted as an office bearer on managing committee. He cannot vote either in any meeting nor is he / she allowed to attend the meetings or served notices of meetings.
Offhand
A subtle but intricate point arises from the sweeping observations in the concluding para; which is seen to be lacking in clarity, hence needs to be focused on.
True that a person(s) being the designated nominee(s) as per CHS record, merely steps into the shoes of the deceased holder on the latter’s demise, only by virtue of the Nomination. In a case, however, in which the nominee(s) happens to be also the ‘successor’, in his own right (say, under a will or like legal document duly executed by the deceased), he becomes the ‘owner’(cum holder) of the property in law as well. As such, even pending any other formality, and until its completion, in the interim, he alone has to be treated as the absolute exclusive ‘holder’. Of course, that carries with it all its attendant duties and responsibilities in relation to the rest- e.g. besides CHS, the local authority for property tax, so on.
If the Admn., or anyone else competent to express an ‘opinion’, were to hold a contrary view on the basic proposition advanced above, welcome to share in detail and enlighten for the common benefit
Dear Vswami,
After the death of Original Member, the nominee needs to apply for membership and become a bonnafied Society Member.
PLEASE LET ME KNOW THE PROCEDURE TO BECOME A MEMBER
i found what i was looking for, and hence good explanation and good site.
A nominee of a person expiring intestate can never become a bonafide member with all rights to sell the flat without consent of legal heirs. A nominee has to be taken as a member as per provisions of MCS 1960..and its that nominees responsibility to bring all legal heirs in front of society and make them rightful members of that scty.
It’s wrong perception that nominee becomes owner of the society.
I would like to know the proper process by legal heirs, nominees and society to follow for switching from nominee being made as member to making legal heirs as the righful members of a society covered under Maharashtra coop scty act.
Is their any process documented under MCS, if not its required…
If any process is their then please give the reference along with givernment website link stating the process taht has to be crsytal clear and error free…
If the nominee gives a normal noc and affidavit cum declaration addressing to society that the nominee has no objection to transfer the rights in favour of legal heirs..is that enough…is the heirship and sucxessiin certificate mandatory for the process….
A clear government documentation is required..